Revolutionary War Pension and Bounty Land Warrant Application File R. 3,679, Ezekiel Fosgate, Mass.

SERVICE
Mass.
Y l Josgate, Ezekiel
NUMBER
R. 3679
CONTENTS

Pension Papers
13126
Ebenezer Fosgate
was & was in 4 to nearly its close & for such source & claim a pension" inserted in lieu thereof
Samuel Hovey Dyer
The Commission of Pension will please send instructions to Joseph H. Jackson, Poughkeepsie, New York.

Declaration in order to obtain the benefit of the "Act of Congress" passed June 7 th . 1832.
State of New-York.
Dutchess County. ss:
On this thirtieth day of August. 1832. personally appeared before Joseph S. Jackson, a judge of the Court of Common Pleas in said County. Ezekiel Fosgate, a resident of the Town of Fishkill, County of Dutchess and State of New-York, aged eighty-eight years, who being first duly sworn according to law, doth, on his oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7 th , 1832.
That he was born in the Town of Marlborough, County of Middlesex, and State of Massachusetts, on the 27 th of May, Old- Style in the year 1744. That he entered the service of the United States near Boston in 1775. That he enlisted as he believes into the nine-months service under ——— Nurse as his Captain, ——— Howe as lieutenant, ——— Whitney as Colonel and as he believes ——— Putnam Brigadier General. That owing to his very advanced age and consequently impaired memory he cannot recollect the names of any other Officers who were in command during his term of service near Boston, nor the particulars of his said service, or the various movements of the company or reg- iment to which he belonged, but that he was a portion of the time at Dorchester and at Taunton as he thinks when the British evacuated Boston in 1776. That soon after he enlisted under muster-master Dinsmore, a resident of the Town of Lancaster, County of Wooster and State of Massachusetts, for three years or for during the war as he believes. That owing to his being afflic- ted with the Kings' evil he did not join the army immediately, but remained under the care of Doctor Abraham Myers, who was a practising Physician in the Town of Bolton or Berlin, County of Wooster and State of Massachusetts. That he cannot remember where the army was nor the precise time when he joined it after his recovery from the Kings' evil nor because of his very

3 advanced age and impaired memory before mentioned the names of the Officers by whom he was then commanded. That he was at the Battle of White Plains and commanded by General ————— ————— McDougal. That he served most of his time as Corporal. That he was soon after taken sick of the Yellow fever, was obliged to leave the army and went to the residence of his Uncle Jacob Howe — in Brimfield, Massachusetts, who lent him a horse to go to his home in Marlborough aforesaid about fifty miles. That he remained sick all winter under the care of Doctors Wheatman and Barnard who lived the one four miles and the other six miles from him. That he cannot state where he again joined the army nor the time when he joined it, but he was for some time in service on Hudson's river in the State of New York. That he was at a place called Dobbs Ferry and engaged in several skirmishes near Tappan Bay while getting stores for the army. That because of his very advanced age and impaired memory before referred to, he cannot name the Officers by whom he was commanded nor the company or regiment to which he belonged but remembers as then associated with him in service the names of Major ————— Kann and Lieutenant ————— Howe. That at some period during his service in the army of the revolution he went on a Canada expedition under the command of Captain ————— Pope. That he is unable to state the names of any other Officers who were then in command or the particulars of his service during said Canada expedition.
And your Applicant further declares on his oath as aforesaid that for some time previous to the Battle of Lexington he was one of a company of volunteers who were in the habit of meeting together for military exercise. That he slept with Gun and Cutlass near his bed and on the first alarm when called by his Captain ————— Nurse went down to Lexington. That on his way he met ————— Baker, a resident of the Town

of Bolton or Berlin, County of Wooster and State of Massachusetts, who was on his return from Congress of which he was a member and that your applicant arrived at Lexington on the day after the battle.
And your Applicant further declares on his oath as aforesaid that during his term of service at his own expense he procured and paid a man by the name of John Canouse to serve during the war of the revolution. That your Applicant remained in service until about nine months previous to the close of the war at which time he went into the State of Rhode-Island & bought a negro to serve during the remainder of the war instead of your applicant. That said negro went from him and remained about nine months when he returned and produced as your applicant believes a regular discharge , but your applicant cannot say from whom he received it or by whom it was signed. That after the close of the war your applicant left his residence in the Town of Marlborough aforesaid and moved to a place then called Warrens Bush in the County of Montgomery and State of New-York. from thence he moved to a place then called Woodstock about ten miles from Kingston where he remained near 4 years, from thence he moved into the Town of Fishkill, County of Dutchess and State last aforesaid, where he still continues to reside. That because of his procuring a substitute before the close of his term he can produce no discharge nor has any documentary evidence of his service in the war of the revolution. That, because of his now living so far from the place of his residence during the war and because of his frequent removals since, he knows of no person whose testimony he can procure who can testify to his service other than the late Henry Brinckerhoff, whose evidence affidavit taken on the 20 th of August, 1832, is hereto annexed. That owing to your applicant's age and bodily infirmity he is unable to appear

in Court. That he resides 18 or 20 miles from Poughkeepsie, the place of holding Courts in his said County of Dutchess and that he cannot without great expense and inconvenience to him procure the attendance of witnesses at Court.
And your Applicant further declares on his oath as aforesaid. That he is a member of a religious denomination called Methodists. That Clergymen of their persuasion, because of their being divided into circuits are not permanently located but are changed every few years. That your Applicant because of his extreme deafness and bodily infirmity has not attended in his place at church or been much from home for many years last past and consequently can produce no Clergymen of his own persuasion to make the required certificate. That for many years last past he has made but very few acquaintances out of his immediate vicinity and that the Clergymen of other denominations who are now located near him have been but recently settled and therefore your Applicant produces other witnesses to wit: Dennis Hasbrook, a neighbouring Justice of the Peace and Peter D. Fowler a practising Physician of the same place who make the annexed certificate.
And your Applicant hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State, and further he declares not.
Sworn to and subscribed the thirtieth
day of August 1832. before me.
Jos. J. Jackson a { } Esquire Judge of the County Courts for Dutchess County & in the State of New York

Applicant for a pension }
State of New-York:
Dutchess County: ss: Henry Brinckerhoff, being duly sworn doth de- pose and say that he is well acquainted with Ezekiel Fos- gate the above-named applicant, that said Ezekiel Fos- gate was a Soldier in the American Army during the re- -volutionary war, that deponent often met with said Ezekiel Fosgate during said war but at what particular times and places this deponent cannot say, that said Ezekiel Fosgate now is and for some years past has been a respectable resident of the town of Fishkill and County and State aforesaid and further this deponent saith not
Sworn & subscribed this 20th day of August 1832 before me -
Jos. I. Jackson
Henry Brinckerhoff
a Judge of the County courts for Dutchess County and in the State of New York

We, Dennis Hasbrook, a Justice of the Peace residing in the Town of Fishkill, County of Dutchess and State of New York and Peter D. Fowler a Physician residing in the same place hereby certify, that we are well acquainted with Ezekiel Fosgate, who has subscribed and sworn to the above declaration; That we believe him to be eighty eight years of age; That he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that we concur in that opinion
Sworn & subscribed the thirtieth day of August 1832 before me by Dennis Hasbrook and on the 1st day of September in the presence of Peter D. Fowler subscribed & sworn before me by Peter D. Fowler Jos. I. Jackson County Judge for Dutchess County in the State of New York
And I, Joseph I. Jackson, Judge as aforesaid do hereby declare it my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that Ezekiel Fosgate, the above named applicant was a revolutionary soldier, and served as he states. And I do further certify that it appears to me that Dennis Hasbrook who has signed the preceding certificate, is a Justice of the Peace residing in the Town of Fishkill, County of Dutchess and State of New York, and is a credible person. and that Peter D. Fowler

who has also signed the same is a Physician resident in the same place and is a credible person and that their statement is entitled to credit. And I do further certify that Ezekiel Traskgate, the above-named applicant, cannot from bodily infirmity appear in court, nor, without great expense and inconvenience to him, procure the attendance of his witnesses to make the required certificate.
Joseph I. Jackson a Judge of the court of Common Pleas for Dutchess County in the State of New York
I, Henry J. Traver, Clerk of the Court of Common Pleas in & for the County of Dutchess, State of New York do hereby certify that Joseph I. Jackson is a lawful Judge in & for the County of Dutchess one of the Judges of said Court, and that the signature annexed to the above declaration affidavit & certificate is his genuine signature. In testimony whereof I have hereunto set my hand & seal at Official time twenty fifth day of September in the year of our Lord one thousand eight hundred and thirty two.
State of New York Dutchess County ss:
I, Henry J. Traver Clerk of the said County do hereby certify that Joseph I. Jackson Esq. before whom the annexed declaration, examinations & other proceedings were made, was at the several times of taking the same a Judge of the Court of Common Pleas of said County being a Court of Records having a Clerk & seal. And that I am well acquainted with the hand writing of the said Judge and truly believe that the signature annexed to the said declaration and to the other proceedings is his genuine signature. In testimony whereof I have hereunto set my hand under my seal of office the twenty fifth day of September A.D. one thousand eight hundred thirty two.
Henry J. Traver Clerk

Pension Papers -
In the matter of the Application of Ezekiel Fosgate
13.126.
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Supplemental affidavit in the matter of the application of Ezekiel Fosgate to be entitled to collect the sum of one hundred and twenty five dollars on account of his being sick. J. J. Johnson

Supplementary affidavit in the matter of the application of Ezekiel Hosgate for a pension under the act of the 7th 1832.
State of New York.
Dutchess County ss. Personally appeared before me the undersigned, a judge of the County Courts of said County, Ezekiel Hosgate, who being duly sworn, deposeth and saith, that by reason of old- age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but is confident that according to the best of his recollection he served not less than the periods men- tioned below, and in the following grades. For
he served as a private  I served as a Corporal. For more than two years during the war  he entered service in the early part of the war & was in it to nearly its close, and in claim a pension.  such service I am claiming a pension. Sworn to and Subscribed
this fifteenth day of May in the year 1833 before me
Jos. J. Jackson a County Judge for Dutchess County
Ezekiel Hosgate mark
I, Joseph J. Jackson, a judge of the County Courts in and for the County of Dutchess and State of New York do hereby certify that I am well acquainted with Henry Brinckerhoff who before me on the twentieth day of August 1832 made an affidavit of the actual services of Ezekiel Hosgate as a soldier of the revolution, which affidavit forms a part of the original papers in the matter of the application of said Ezekiel Hosgate for a pension and is hereto annex- ed. And I do hereby further certify that said Henry Brinckerhoff is a credible person and that his statement is entitled to credit. And I do hereby further certify that I am well acquainted with Ezekiel Hosgate, the above named applicant and that he is a credible person and that his statement is entitled to credit at the time he made his mark to the above affidavit on account of his being sick. Jos. J. Jackson

State of New York -
Dutchess County ss: I. Henry S. Traver, Clerk of the said County do hereby certify that Joseph S. Jackson Esq., before whom the within affidavit was taken and who made the within certificate, was at the time of the taking the said affidavit and making the said certificate, a Judge of the Court of Common Pleas of said County being a Court of Record and having a Clerk and seal. And I do hereby further certify that I am well acquainted with the hand-writing of the said Judge and verily believe that the signatures annexed to the said affidavit and certificate are his genuine signatures.
In testimony whereof I have hereunto set my hand and seal of Office this day of May in the year of our Lord one thousand eight hundred and thirty three -
after the word "but" in the fifth line of the within affidavit all erased & the words "is confident that he served as a private more than two years during the war he entered service in the early part of the war & was in it to nearly its close & for such service I claim a pension" inserted in lieu thereof.
Henry Traver Clerk
13126

13, 126
Archil Forgate Leachys C. W. York
5. 14
P. 374
6 May 33
Johnson & Jackson
Poughkeepsie
NY

BRIEF in the case of  Ezekiel Fosgate  of Dutchess Co.  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court & Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes  3. How old is he? 88 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1775 - to within a few months of the close of the war  The applicant from extreme old age & the loss of memory cannot state the period or place of his services, nor the names of his officers -  Private most of the time Corporal Gen. Putnam Col. Whitney  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? Middletown Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Alcott Examining Clerk.

Acts of July 14, 1862, and March 3, 1879.
REJECTED
3679
P. O.
Ezekiel P. Sgate
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

New York
Rev
Ezekiel S. Sogate Suspended
Rev J. H. Jackson
17 Oct. 1833
3679
Act. 7 June 32

Ezekiel Fosgate

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Ezekiel Forsgate Datchett New York which require further proof or explanation.
I. Does the declaration show where the applicant resides? or
II. Did the declarant make the declaration in the county where he resides? or
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? no
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no Not on the Rolls - applicant required to furnish the best evidence he can obtain to sustain his declaration with the name of his Colonel.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? or
VIII. Has the Court given their opinion? or
IX. Has the Clerk given his certificate? or
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? or

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? or
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? NO
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ 'For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

BOUNTY LAND WARRANT RECORD CARD*
NAME Fosgood, Ebenezer GRADE Private LINE New Hampshire
WARRANT NUMBER 3102 ACREAGE 100 ISSUED Mar. 25, 1790 to — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.